Theoretical and practical aspects of unauthorized construction: the matter of legalization and demolition

Abstract

Economic advancement of society is accompanied by social phenomena of various nature. Hence, there is a need for legal regulation of such relations: characterization of legal relations; definition of the parties, legal regime for the matter of those relations, plus sanctioning for non-performance or improper performance of the law. The paper discusses legalization of unauthorized construction objects that entails to study in theory the possibility of recognition of illegal buildings as unauthorized. The authors pose a number of unsolved questions: the problem of legal nature of an authorized construction as a specific object of civil rights; identification of criteria to categorize construction objects as unauthorized; distinction of types of unauthorized constructions which may or in no event can be legalized; elaboration of methods and means to legalize unauthorized constructions and other conceptual issues. The authors have stated that legally opposite effects of unauthorized constructions in the form of demolition or recognition as illegal building offer no compromise between the parties. The authors have proven impossible to conduct administrative procedure for demolition of unauthorized constructions. The removing of an unauthorized building is only possible judicially.